Jammu & Kashmir High Court paves way for J&K National Conference to contest LAHDC elections 2023 on 'Plough' symbol

In an interim order, the High Court of Jammu & Kashmir and Ladakh has ordered the Ladakh administration to notify the allotment of the 'plough' symbol to the Jammu and Kashmir National Conference party for the purpose of the upcoming Ladakh Autonomous Hill Development Council elections (LAHDC elections). [Jammu and Kashmir National Conference V/s UT of Ladakh].Justice Sindhu Sharma passed the order on a plea moved by the National Conference party, through its General Secretary Ali Mohammad Sagar after noting that the LAHDC elections are slated to take place soon. .The National Conference party had claimed that the authorities were not notifying the allotment of the plough symbol to the LAHDC elections in Ladakh, even though the symbol was earlier reserved in the party's favour.The Court has now directed the party to approach the Ladakh administration so that the authorities can notify the allotment of the symbol for the purpose of contesting in the LAHDC elections. ."Keeping in view that the upcoming General Election of Ladakh Autonomous Hill Development Council (LAHDC) stands announced, the petitioner-party is directed to approach the office of respondents for notifying the reserved symbol (Plough) already allotted to it and respondents shall notify the symbol allotted to petitioner-party in terms of Paragraphs 10 and 10 (A) of Election Symbols (Reservation and Allotment) Order, 1968, and allow the candidates set up by the petitioner-party to contest on the reserved election symbol (plough) already allotted to the party," reads the order..The Court passed the order despite objections by the Deputy Solicitor General of India (DSGI) TM Shamsi, who contended that the National Conference is not a recognized State Political Party in the Union Territory of Ladakh..Shamsi explained that the National Conference was recognized as a State Political Party only in Jammu and Kashmir. Therefore, the reservation of the plough symbol in their favour was only with respect to the Union Territory of Jammu and Kashmir, he said..This stance was countered by advocate Shariq J Reyaz, who appeared for the National Conference and asserted that the recognition of the party as a State Political Party in the erstwhile State of Jammu and Kashmir meant that the party was so recognised in Ladakh as well. The erstwhile State of Jammu and Kashmir included Ladakh, he pointed out. .He also informed that the National Conference party had contested the last LAHDC elections on the same (plough) symbol..Since the National Conference was so recognized as a State Political Party under Section 29 of the Representation of People Act, 1951 (read with the Election Symbols (Reservation and Allotment) Order 1968), it was entitled to contest the upcoming LAHDC elections on the same allotted election symbol, he added..Having considered the rival submissions, the Court proceeded to direct the party to approach the authorities again in the matter, so that the allotment of the plough symbol in its favour may be notified for the purpose of the LAHDC elections..The matter is slated to be heard again on September 13, 2023..[Read Order]